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(영문) 인천지방법원부천지원 2016.08.17 2015가단23286
편취금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On March 28, 2012, the Defendants asserted that the Plaintiff conspired to raise funds for the Plaintiff’s operating company (D Co., Ltd.) and received one copy of the household check of KRW 3 million at par value on March 28, 2012. On June 7, 2012, the Plaintiff received KRW 23 million on the pretext of a bill discount, etc. (the issuance of three capital stock companies, face value KRW 47.5 million), and acquired KRW 26 million from the Plaintiff by means of dishonoring the bill.

B. The Defendants’ assertion that the Defendants deceptioned the Plaintiff and obtained money and valuables from the Plaintiff.

In other words, the defendant C merely introduced the bill for discount to the plaintiff at the plaintiff's request, and the defendant C only received the bill discount upon the request of the defendant C.

2. According to each of the evidence Nos. 1 to 3 (including the serial number; hereinafter the same shall apply), it is recognized that Defendant C received money from the Plaintiff under the name of Defendant B by using the deposit account in the name of Defendant B for the purpose of discount of bills, etc., and there was money transaction mediating bills between the Plaintiff and the Defendants. The fact that Defendant C was partially defaulted on the part of the bills issued by the Plaintiff may be recognized by the statement of evidence Nos. 2.

However, such circumstance alone is not sufficient to recognize that the Defendants deceptioned the Plaintiff and acquired money, and there is no other evidence to acknowledge the fact of deception by the Defendants.

3. Therefore, the Plaintiff’s claim against the Defendants cannot be accepted, and it is so decided as per Disposition.

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